Public-domain · open source
OpenJurist

192 Neb. 156

State v. Penn

Nebraska Supreme Court

Decided June 20, 1974

Nebraska Supreme Court · decided 1974-06-20

Decided 1974-06-20

Boslaugh, J.

¶1The defendant pleaded guilty to unlawful possession of marijuana weighing 1 pound or less and was fined $300. He appeals, contending the sentence was excessive.

¶2The statute provides for a fine of not more than $500 or imprisonment in the county jail for not more than 7 days or both. § 28-4,125 (4), R. S. Supp., 1973. The sentence was well within the statutory limit.

¶3Although the defendant has no prior criminal record, the presentence report shows the defendant had been using drugs and other stimulants for some time. The record shows no abuse of discretion by the trial court.

¶4The judgment of the District Court is affirmed.

¶5Affirmed.

/192/neb/156 · .json · Public domain